Resolution 4246 - Annexation & Zone Change - Woods1230
RESOLUTION NO. 424
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE
CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, A TRACT
OF LAND DESCRIBED AS LOT 2 OF INSTENESS ADDITION IN THE NE1/4 OF
SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M. FLATHEAD
COUNTY, MONTANA, TO BE KNOWN AS WOODS ADDITION NO. 270; TO ZONE
SAID PROPERTY SUBURBAN RESIDENTIAL, R-1, TO AMEND THE CITY ZONING
MAP ACCORDINGLY AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from
Ira and Diane Woods, the owners of the property described as Lot 2
of Insteness Addition in the NE1/4 of Section 18, T28N, R21W,
P.M.M., Flathead County, Montana, requesting that the City of
Kalispell annex the territory into the City, and
WHEREAS, the Flathead Regional Development Office has made a
report on Woods Addition No. 2700 City Zone Request, #KA-95-10,
dated November 7, 1995, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended that the territory be annexed into the City
of Kalispell and be zoned Suburban Residential, R-1, and
WHEREAS, based upon the report of the Flathead Regional
Development Office and the recommendation of the Kalispell City -
County Planning Board and Zoning Commission, the City Council of
the City of Kalispell finds that the recommended zoning
classification for the territory is appropriate based upon the
following criterion:
Does the Requested Zone Comply with the Master _Plan?
The subject property is within the jurisdiction of the
Kalispell City -County Master Plan. According to the map
of the master plan, the property is currently designated
as "Urban Residential". R-1 is considered in compliance
with the Master Plan.
Does the Requested Zone Lessen Congestion in the Streets?
Congestion in the streets is caused by an overburden of
traffic on the street system. The zone in this case
would not cause undue congestion because traffic
generation is a function of the number of dwelling units
that are allowed within a given area. There would be no
net increase in density from County R-1 to City R-1. If
the property is subdivided/developed it would be in a
manner that is consistent with the existing City and
County R-1 zone in the area. In addition, the Master
Plan for this area calls for this property to be ,
developed with R-1 type development. The most
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significant impact would be the required upgrade to the
existing easement to allow this property to be developed
beyond the one single family dwelling. This would be
more thoroughly addressed at the time of subdivision. No
significant negative impact is expected.
Will the Requested Zone Secure Safety from Fire. Panic
and other Danaers?
Development within this zone is subject to development
standards including: lot coverage, maximum building
height, and the provision of off-street parking. Any
development of the property is subject to review by the
City, and requires the issuance of building, plumbing,
and mechanical permits. These requirements and review
processes help ensure that development of the property
subsequent to the zone change is done in a safe manner.
In addition, Sunnyside Drive is a through street which
provides access to this area with direct access to the
core of Kalispell.
The majority of the property requesting City zoning is in
the designated 100-year floodplain. Development
constraints of the floodplain severely limit the type of
structures that can be developed. Whether the property
is developed in the City or the County the floodplain
. would still exist and be governed by the same
regulations.
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No significant negative impact is expected.
Will the Reguested Change Promote the Health and General
Welfare?
The purpose of the City's zoning ordinance is to promote
the general health and welfare and does so by
implementing the City -County Master Plan. The City -
County Master Plan would support the requested zone
change. Designation of this area as R-1 would have
little or no impact. Any traffic generation that the
proposed change allows would be mitigated at the time of
development. Any impact to stormwater runoff, sewers,
and water would also be addressed at the time of specific
development proposals.
The zoning ordinance provides a mechanism for public
input and review for all zone change requests. This
process offers an opportunity to ensure that any changes
to the Official Zoning Map are done in the general public
interest. No significant negative impact is expected,
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Will the Requested Zone Provide for Adequate Light and
Air?
The development standards of the zoning ordinance and
subdivision regulations (i.e.: parking, landscaping,
clear vision setback, roadway improvements, etc.) would
ensure that light and air are adequately provided. Any
development beyond one single family residence would
require approval of a subdivision. No significant
negative impact is expected.
Will the Requested Zone Change Prevent the Overcrowding
of
Overcrowding of land occurs when development out -paces or
exceeds the environmental or service limitations of the
property. The subdivision, zoning, building, and
floodplain regulations control the intensity requirements
that a property can be developed with. Adequate
infrastructure is in place in the area or can be provided
at the time of development to accommodate the land uses
allowed in the requested zone. No significant negative
impact is expected.
Will the Requested Zone Avoid Undue Concentration of
Peale?
Concentration of people relates to the land use permitted
by a particular zone. The proposed change would have
little unexpected impact on residential density in the
area. Infrastructure exists or can be provided which
supports the proposed change. The zoning ordinance
covers the intensity of use that would be permitted in
this zone. An undue concentration of people would result
if the property is developed at a level which exceeds the
environmental or service carrying capacity of the land
which would not happen. The proposed zone and its
regulations would ensure that the site is properly
developed. No significant negative impact is expected.
Will the Requested Zone Facilitate the Adequate Provision
of Transportation, Water Sewer Schools Parks and Other
Public Re uirements?
The additional demands for transportation, water, and
sewer will be evaluated pursuant to individual
development proposals; existing infrastructure exists, or
can be provided, in the vicinity which should be able to
serve development of this property. Schools and parks
should not be any more impacted under the existing County
zone than would be under the proposed City zone. No
significant negative impact is expected.
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Does the Requested Zone Give Consideration to the
Particular Suitability of the ProRerty for Particular
Us
The subject property is well suited for uses permitted
within the R-1 zone because of availability of services
and access. The property is of adequate size for the
type of uses permitted and conditionally allowed in the
proposed zone. No significant negative impact is
expected.
Does the Reguested Zoning Give Reasonable Consideration
to the Character of this District?
The property in question is well suited for the type
development anticipated under the requested zone because
of the topography, access, regional location, access to
schools, access to urban services, and size of the
property. In addition, the Master Plan for the area
anticipates this type of zone in this area. No
significant negative impact is expected.
Would the Proposed Zoning_Conserve the Value of the
Buildings?
The subject request would not significantly impact
buildings. There are no known uses that would be
affected by this zone. A change from County R-1 to the
City R-1 zone will not significantly impact, erode, or
devalue the neighborhood beyond the type of uses that are
currently allowed or that exist in the area as this is a
residential zone. No significant negative impact is
expected.
Will the Reguested Zone Change Encourage the Most
AIDRropriate Use of the Land Throughout the Jurisdiction?
Appropriateness of a zone is determined by the Kalispell
City -County Master Plafi. The Plan and the existing
zoning classifications in the area identify this area for
the uses permitted within the requested zone. Therefore,
the change would encourage the most appropriate use of
the land. No significant negative impact is expected.
WHEREAS, on the 3rd day of April, 1989 the City Council of the
City of Kalispell adopted, pursuant to Section 7-2-4610, Montana
Code Annotated, an Extension of Services Plan which anticipates
development of City services for approximately five years in the
future, and
WHEREAS, the City has caused to be developed a "mini -extension
of services plan”, attached hereto as Exhibit "A" and thereby made
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a part hereof, for the territory by this Resolution annexed to the
City of Kalispell, and
WHEREAS, said "mini -extension of services plan" provides for
the extension of municipal services or maintenance of existing
services within the area of Woods Addition No. 270, subject to
annexation, including water, sewer, storm drainage, streets,
garbage collection, police protection and fire protection, and
WHEREAS, said "mini -extension of services plan" provides for
financing the extension of municipal services or maintenance of
existing services by utilizing funds allocated and expended,
pursuant to the annual City -budget without incurring additional
bonded indebtedness, and
WHEREAS, Woods Addition No. 270 is included within and
conforms to the Kalispell City -County Master Plan, and
WHEREAS, the City of Kalispell desires to annex said property
in accordance with Title 7, Chapter 2, Part 46, Montana Code
Annotated.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF KALISPELL AS FOLLOWS:
SECTION I. That all the real property as is more
particularly described as Lot 2, Insteness Subdivision in
the NE1/4 of Section 19, T28N, R21W, P.M.M., Flathead
County, Montana, shall be annexed to the City of
Kalispell and the boundary of the City is altered to so
provide.
SECTION II. Upon the effective date of this Resolution,
the City Clerk of Council is directed to make and
certify, under the seal of the City a copy of the record
of these proceedings as are entered on the minutes of the
City Council and file said documents with the Flathead
County Clerk and Recorder.
From and after the date of filing of said documents as
prepared by the City Clerk of Council, or on the
effective date hereof, whichever shall occur later, said
annexed territory is part of the City of Kalispell and
its citizens and property shall be subject to all debts,
laws and ordinances and regulations in force in the City
of Kalispell and shall be entitled to the same privileges
and benefits as are other parts of the City.
SECTION III. The territory annexed by this Resolution
shall be zoned Suburban Residential, R-1.
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SECTION IV. This Resolution shall be
by the City
effective 30 days
Council.
from and after its passage
PASSED AND APPROVED BY THE C�TY COUNCIL AND MAYOR
OF THE CITY
.OF KALISPELL THIS DAY OF
, 1995.
Doug s
D. Rauthe,
Mayor
ATTEST:
0-joj�, " %1w, cm
Debbie Gif o CMC
Clerk of C n 1
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